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Photographic 

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1 


6 


i 


SPEECH 


ot 


MR.  JOHN  QUINCY  ADAMS, 


OV  THR  CASE  OP 


ALEXANDER  MolEOD. 


DBLIVEURII 


IN    TIIK    IIOUSI.    OF    HEI'RKSENTATIVKS. 


? 


(■1 
i 


'•. 


SEfTEMBEn  4,    1841. 


WASHINGTON : 

PRINTED  m  GALES  AND  SEATON. 
1811. 


f" 


J  ill 


w 


Mr.  B 

member! 
day  Iliad 

Resolved, 
compatible 
the  United 
for  any  pur] 
communical 
by  any  Exe 
stand  that  ^ 

Mr.  A 

(Mr.  A.) 

it  appear 

have  an 

which  he 

friend  fro 

Mr.  Be 

lution  up( 

commenc( 

had  been 

try.    But 

setts  (Mr. 

ion,  and  1 

expectatic 

ing  his  rei 

Mr.  Ad 

no  gentler 

Theme 

Mr.  Ad 

lution  has 

it  ought,  a 

sion  one  w 

ing,  findin 

yeas  and  r 

have  nothi 

the  indulg< 

ject,  and  if 

infirmity  w 

self,  but  all 

connected 

And  firs 

of  peace  i 

question  w 

what  purpi 

agitated  wi 

The  gentle 


I 

i 

i 


SPEECH. 


House  of  Repbesentatives,  September  4,  1841 

the  United  States  has,  since  the  4th  otuZhZf^  '  "I  "^^  f™^  °'"  ''^^  Attorney  General  of 
for  any  purpose  conn^cterwifhMe  hnp^l  m^^^^^^^^^  "f  New  York 

communicate  to  this  House  copies  of  the  inatrnr.irm,  .„  j  Alexander  McLeod  ;  and,  if  so,  to 
by  any  Executive  measures  rrrresSnZcrtrBrki!hr"P''''  ''^'  '"u"**  "'"'="'  ""^  '^''^'her. 
-land  that  Mr.  McLeod  will  be  JeS  or  suTr'enSerS  ^°'«''""''"t  has  been  given  to  under- 

m^^tr?'  requested  Mr.  Boardman  to  withdraw  his  motion      Hp 

friend  from  Connecticut  to  withdraw  his  motion.  ^"^"^^^^^^^  asked  his 

Mr.  UoARDMAN  said  he  had  yesterday  made  the  moMon  tn  Inv  tho  .« 

S-?  <^-  ?^^  ^^e  w  -  rSHS 

no'^Pmf      ''  T'  understood  to  make  a  conditional  promise  to  do  so  if 
ThpiT^"  ?'7'^u*°  '"P'y  ^°  ^^"^^^^^^  ^hich  he  (Mr.  A.)  m  ght  make 
The  motion  to  lay  the  resolution  on  the  table  was  at  lengthTuhdmwn' 

^.-^s:-  ear  „5rs'"2e;:s^  r  SJF 

rolec.'edtwrf..'"'  '°'°"^''  ----'ly.-'  least,  upon  .oStZly 

of  tete'aLd  "v^T'''  'J""  T  "'""  "'"^  S'^"  "'"^  "«'^'  forniidahle  issue 
01  peace  and  war  pending  between  us  and  Great  Britain  •  ,r.AihJi. 

quesnon  whiclt  occurs  to  me  is,  what  is  the  obje«  of  thS  resllion  .  fo 
what  purpose  was  it  offered  ?    and  for  what  ourooJ  h».  ,k!  h         i  '"' 
agitated  with  it  from  ,he  very  com,;e„cemenrof  "he  sei  o^  to  thKn'"; 
The  gentletnan  who  offered  the  resolution  disclaimed  auTarVpuI^o^  J- 


i'   I 


1 

■ 

1 

I 

p 

^B 

1 

H 

1 

n 

'f\ 

I 

Mli 

9 

4 

he  breathed  in  a  lofty  atmosphere,  elevated  high  above  that  of  party ;  but 
what  sort  of  comprehension  had  both  the  friends  and  the  opponents  of  the 
resolution  put  upon  it  ?  No  party  complexion  !  Oh  no  !  [Ltiii^hter.] 
No  ;  it  was  patriotism  !— pure  patriotism  !— patriotism  pure  and  inid'efiled! 
[Renewed  laughter.]  Well ;  he  was  disposed  to  give  gentlemen,  on  all 
sides  of  the  House,  credit  for  whatever  patriotism  they  professed  ;  but  sure 
it  was  that  patriotism  was  a  coat  of  many  colors,  and  suited  to  very  differ- 
ent complexions ;  [laughter ;]  and  if  it  had  not  been  for  that  unqualified 
profession  of  patriotism  and  no  party  which  had  rung  through  this  House 
from  every  gentleman  who  had  supported  this  resolution,  he  should 'have 
felt  bound  to  believe  it  the  rankest  party  measure  that  ever  was  introduced 
into  the  House.  [A  laugh.]  For  what  is  this  resolution  ?  The  United 
States  are  at  this  moment  in  a  critical  situation,  in  their  relations  of  peace 
and  war,  with  the  most  powerful  nation  on  the  face  of  the  globe— a  na- 
tion as,  by  the  gentleman  aimed  at  by  this  resolution,  was  most  strikingly 
said,  the  tap  of  whose  reveille  drum,  beginning  with  the  rising  sun,  travels 
with  him  round  the  terraqueous  globe.  With  this  nation  we  have  already 
one  great  and  formidable  question  festering  to  an  issue,  and  in  which  we 
are  clearly  right,  and  she  is  clearly  wrong.  Now  I,  for  one,  am  not  dis 
posed  to  multiply  issues  with  her,  and  most  especially  not  for  tendering  to 
her  an  issue  upon  which  we  ourselves  are  wrong;  and  upon  which  she  is 
far  better  prepared  for  immediate  aggression  or  defence  than  we  are  or 
can  be.  For  upon  that  very  border  where  this  resolution  tends  to  provoke 
hostile  invasion,  she  is  armed  up  to  the  eyes,  while  we  are  all  but  defence- 
less. She  has  stationed  there  in  military  array  an  army  nearly  double  in 
number  to  the  whole  army  of  the  United  States — an  army  well  appointed 
and  ready  to  strike  at  a  word.  And  you  have  a  line  of  States  and  a  pop- 
ulous border,  with  nothing  but  a  river  between  them  and  that  British  army, 
who,  at  a  signal  from  their  commander,  could  sweep  through  a  thousand 
miles  of  your  country  with  fire,  and  sword,  and  desolation,  and  fall  back 
into  their  strongholds  beyond  the  river,  almost  before  the  knowledge  of 
their  incursion  could  reach  this  metropolis  of  your  country. 

Now,  with  regard  to  the  Northeastern  Boundary,  the  right  is  all  on  our 
side,  and  the  wrong  wholly  on  the  side  of  Great  Britain.  We  can  concede 
nothing.  Our  right  must  be  maintained — peaceably  if  we  can,  forcibly  if 
we  must.  For  I  say  to  this  House,  that  from  the  bottom  of  my  soul  I  be- 
lieve we  ought,  if  called  upon  and  required,  to  put  forth  our  whole  strength, 
and  sacrifice  the  blood  and  treasure  of  this  nation  to  maintain  our  rights 
upon  that  issue.  With  regard  to  the  other  question,  I  would  say  that  I 
am  not  disposed  to  make  unnecessary  additional  issues  upon  matters  which 
have  no  immediate  connexion  with  that ;  for  I  believe  that  the  award  of 
impartial  judges  would  be  against  us.  What  is  the  object  of  this  resolu- 
tion ?  It  is  to  make  an  issue  with  Great  Britain — an  issue  of  right  or 
wrong  upon  the  affair  of  the  burning  of  the  Caroline,  No,  sir;  never 
shall  ray  voice  be  for  going  to  war  upon  that  issue,  I  hold  it,  in  the  first 
place,  as  a  maxim,  that  American  statesmen  ought,  before  engaging  their 
country  in  a  war  with  Great  Britain,  to  be  extremely  careful  not  to  multi- 
ply issues  with  that  country.  We  have  now  one  which  is  full  enough  to 
exercise  us  for  years  to  come,  and  the  cost  is  much  more  than  I  am  willing 
to  speak  of  at  this  time,  and  that  issue  must  come,  as  I  believe.  I  certain- 
ly would  not  avoid  it  by  any  sacrifice  of  any  kind.  But  while  I  say  that, 
I  will  not  multiply  the  issues ;  and  more  especially  I  will  not  add  to  tha^ 


issue  otl 

upon  it. 

State  of 

may  bo 

to  its  pe 

be,  eitJK 

third  Po 

any  oth( 

I  havi 

tory  of  t 

ber  of  tl 

territorit 

of  that  1 

your  ind 

but  thej 

blow,  I  1 

late  alTai 

nient,  ai 

against  i 

Justice  ( 

Judge  of 

conuuittf 

issuing  a 

lions  oft^ 

The  que 

And  I  sa 

shall  be  1 

of  war  a 

war,  to  s 

is  a  crim 

have  Ilea 

as  carry! 

that  we  ( 

its  libertj 

that  men 

do  it  avo 

any  purt 

tion,  and 

Canadian 

if,  insteat 

Power,  e 

reinainiui 

would  as 

in  a  play 

the  d— 1 1 

Now,  ] 

with  that 

Now,  adi 

that,  and 

stractly,  i 

dition  to  ( 

But  what 


'i 


issue  other  issues,  upon  wluili,  when  w.i  go  to  ;i  thud  I'ower  to  arbitrate 
upon  It,  thuy  will  say  we  aro  wrong.  Go  to  war,  and  the  fair  Jields  of  the 
Mate  ol  New  York  may  be  deluged  in  blood.  The  State  of  New  York 
may  bo  ransacked  by  foreign  enemies,  and  irreparable  injury  will  be  done 
to  Us  people.  And  if  the  issue  must  be  terminated  with  peace,  as  it  must 
be,  either  by  negotiation  between  the  j^arties  themselves,  or  through  a 
tlurd  Power,  the  issue  will  be  decided  against  us.  We  shall  be  told  by 
any  other  nation  that  it  is  not  the  thing  for  us  to  quarrel  about. 

J  have  not  the  time,  if  I  were  possessed  of  the  information,  to  give  a  his- 
tory of  the  atlair  of  the  Caroline  ;  and  it  is  known  as  much  to  every  mem- 
ber of  the  House  as  it  is  to  me.     We  have  heard  a  great  deal  of  talk  about 
territorial  rights,  and  independence,  and  of  State  rights.     But  in  a  question 
ot  t[iat  kind  other  nations  do  not  look  much  to  your  State  rights,  nor  to 
your  independence  questions.     Tliev  will  not  talk  of  your  independence  ; 
but  they  will  say  who  is  right  and  who  w  rong  ?     Who  struck  the  first 
blow,  I  take  it,  will  be  the  main  question  with  them.     I  take  it  that  the 
late  affair  of  the  Caroline  was  in  hostile  array  against  the  British  Govern- 
ment, and  that  the  parties  concerned  in  it  were  employed  in  acts  of  war 
against  it ;  and  I  do  not  subscribe  to  the  very  learned  opinion  of  the  Chief 
Justice  of  the  State  of  New   York,  (not,  I  hear,  the  Chief  Justice,  but  a 
Judge  of  the  Supreme  Court  of  that  State,)  that  there  was  no  act  of  war 
committed.     Nor  do  I  subscribe  to  it  that  every  nation  goes  to  war  only  on 
issuing  a  declaration  or  proclamation  of  war.     This  is  not  the  fact.     Na- 
Uons  often  wage  war  for  years  without  issuing  any  declaration  of  war. 
The  question  is  not  here  upon  a  declaration  of  war,  but  acts  of  war. 
And  I  say  that,  in  the  judgment  of  all  impartial  men  of  other  nations,  toe 
shall  be  held  as  a  nation  responsible;  that  the  Caroline,  there,  was  in  a  state 
of  war  against  Great  Britain ;  for  purposes  of  war,  and  the  worst  kind  of 
war,  to  sustain  an  insurrection— I  will  not  say  rebellion,  because  rebellion 
IS  a  crime,  and  because  1  heard  them  talked  of  as  "patriots."     Yes,  and  I 
have  heard,  in  the  course  of  the  discussion  here,  these  patriots  represented 
as  carryhig  on  a  righteous  cause,  and  that  we  ought  to  have  assisted  them; 
that  we  ought  to  have  given  them  that  assistance  that  a  nation  fighting  for 
its  liberty  is  entitled  to  from  the  generosity  of  other  nations.     Well,  admit 
that  merely  for  a  moment.     If  we  were  bound  to  do  it,  we  were  boimd  to 
do  it  avowedly  and  above  board;  but  we  disclaimed  all  intention  of  taking 
any  purt  in  it.     And  yet  there  was  very  little  disguise  about  this  expedi- 
tion, and  that  this  vessel  was  there  for  the  purposes  of  hostiUty  against  the 
Canadian  Government.  I  say,  therefore,  that  we  struck  the  first  blow;  and 
if,  instead  of  pressing  this  matter  to  a  war,  we  were  to  refer  it  to  a  third 
Power,  even  if  it  should  be  to  a  European  Republic,  if  any  such  thing  is 
remaining,  and  sliould  say  there  had  been  an  invasion  of  our  territory,  they 
would  ask  us  a  question  something  like  that  which  was  put  to  a  character 
in  a  play  of  Moliere— -Q?/e  diabie  allalt  Ufaire  dans  cette  galhe?  "What 
tiie  d— I  had  he  to  do  in  that  galley  ?     [Great  laughter.] 

Now,  I  think  the  arbitrator  would  say,  "  What  the  d— I  had  you  to  do 
with  that  steamboat  ?"  They  would  say  that  we  struck  the  first  blow. 
Now,  admit  that— and  none  of  your  State  rights  men  can  deny  it— admit 
that,  and  all  the  rest  follows  of  course.  They  will  say  it  was  wrong ab- 
stractly, if  you  please.  Talking  of  abstractions,  it  was  wrong  for  an  expe- 
dition to  come  over  and  burn  the  steamboat,  and  send  her  over  the  falls. 
But  what  was  your  steamboat  about }  What  had  she  been  doing  ?  What 
3  A 


-I '  ■ 

•iiii 


6 

was  she  to  do  the  next  morning  ?  And  what  ought  you  to  do  ?  You  Fiavn 
reparation  to  make  tor  all  the  men  and  Cor  all  the  arms  and  implenuMits  of 
war  which  wc  were  transporting  and  going  to  transport  to  the  other  side,  to 
foment  and  instigate  rebellion  in  Canada.  That  is  what  the  third  party 
would  say  to  us.  And  it  would  come,  in  the  end,  after  all  the  blood  and 
treasure  had  been  wasted  by  a  war  between  the  two  countries,  to  this:  that 
we  nuist  shake  hands  and  drink  champagne  together,  after  bavin"-  made  a 
mutual  apology  for  mutual  transgression.  That  is  the  way  things  are  set- 
tled between  individuals.  "If  you  said  so,  why,  I  said  so;"  and  thus  the 
dispute  is  amicably  settled.  So  we  should  have  to  do  with  this  national 
matter;  for  there  is  not  any  great  dilfercnce,  in  the  essentials  of  quarrelling 
and  of  making  up,  between  nations  and  individuals.  See  a  fight  in  the 
street  between  two  boys,  who  give  each  other  bloody  noses,  and,  when  the 
question  comes  to  be  settled  between  them,  the  basis  of  the  settlement  is, 
who  gave  the  first  blow  ?  And  the  award  of  any  honest  umpire  is,  after 
suffering  the  parties  to  fight  it  out,  that  he  who  struck  the  first  blow  was 
in  the  wrong.  And  so  it  is  with  nations.  Why,  then,  are  you  talking  of 
State  rights  and  of  independence  in  connexion  with  this  question  ?  It  has 
nothing  to  do  with  it. 

There  is,  sir,  another  point  of  view  in  which  I  object  to  this  resolution. 
I  have  seen  here,  in  another  part  of  ihis  building,  to  which  it  would  not  be 
in  order  to  refer  except  indirectly,  although  I  did  hear,  the  other  day,  such 
a  dressing  of  this  House  in  that  bcdy  that  I  thought  I  almost  had  a  right  to 
get  up  and  protest  against  it.  But  I  will  not  refer  to  the  matter  except  in 
terms  which  come  within  the  rules  of  order.  I  have  heard  there,  and  seen 
in  the  newspapers  out  of  doors,  a  prodigious  aflliir  made  of  this  matter,  as 
if  the  Government  of  the  United  States  had  outraged  the  State  of  New 
York — because  the  great  Empire  State  of  New  York  had  undertaken  to 
say  that  she  would  hang  McLeod,  whatever  Great  Britain  or  the  General 
Government  might  do.  Yes !  whatever  they  might  do,  the  great  Empire 
State  of  New  York  would  hang  McLeod  !  That  was  the  language.  What, 
sir,  I  ask,  is  the  object  of  this  resolution  ?  To  inquire  of  the  President  of 
the  United  States  whether  any  olficer  of  the  army,  or  the  Attorney  Gene- 
ral of  the  United  States,  since  the  4th  of  March  last,  had  visited  the  State 
of  New  York  for  anv  purpose  connected  with  the  trial  of  Alexander  Mc- 
Leod ? 

I  believe  that  question  was  answered  before  it  was  asked.  I  think  the 
information  was  contained  in  a  document  communicated  by  the  President 
of  the  United  States,  which  stated  not  only  that  a  General  was  sent,  but 
that  instructions  were  given  to  the  Attorney  General;  and  th;;;  instructions 
themselves  were  communicated  to  Congress,  with  the  President's  message, 
at  the  very  commencement  of  the  session. 

Why,  then,  should  this  House  be  occupied  hour  after  hour  in  discussing 
whether  the  Attorney  General  was  sent  to  New  York,  and  what  he  was 
about  there,  when  the  President  Inmself  has  told  you  that  he  was  sent  and 
the  object  of  his  mission  ? 

Every  body  knew  it  before  the  question  was  asked.  What  then  ?  Has  not 
the  President  a  right  to  send  the  Attorney  General  to  New  York  on  that  or 
any  other  sabjcct?  Where  is  the  constitutional  provision  prohibiting  him 
from  sending  the  Attorney  General  to  New  York  on  that  or  any  other  of 
the  subjects  which  are  before  the  judicial  courts  of  that  State  ?  Yes,  the  At- 
torney General  has  been  sent  there,  and  we  have  his  instructions.     And  I 


have  her 

great  de 

New  Yoi 

of  this  II 

it  is  Dcin 

well  bec( 

ing  referi 

or  to  the 

not  recoj 

members 

to  be  call 

from  Nei 

them.     I 

frequent 

words  " ; 

ear.     Su| 

suppose  1 

such  a  re 

presume 

ty  and  po 

But  th 

House  to 

upon  ano 

every  thi 

there  is  b 

Governmi 

Are  you 

hairs  in  ( 

States  an( 

up  the  q 

hang  Mc 

New  Yor 

else  of  po 

moment  ^ 

make  an  i 

try,  and 

power  ;  b 

Govern  UK 

which  of 

about  ban 

out  that  tl 

was  a  pov 

that  the  I 

the  Gener 

cised  witl 

be  by  the 

pondence 

that  the  C( 

ing  to  all 

the  necessi 

I  am  pc 

evidence  is 


It  has 


■P 


have  heanl  here,  on  the  part  of  some  of  my  forty  friends  from  New  York,  a 
great  deal  abont  tlie  conscious  dignity  aiul  honor  of  this  Empire  Slate  of 

rT    n        '''"  "??'''"^  '^"'^  "''""^^  torm^Empiro  State,"  in  the  ia.iguage 

of  this    T.uon  ;  and  I  say  that  if  there  is  an  "  Empire"  State  in  this  Union, 

It  is  Delaware      1  o  he  magniloquent  and  talk  about  the  Empire  State  may 

well  become  the  (orty  gentlemen  wiio  represent  tlie  State  on  this  iloor,liav- 

mg  reference  to  their  own  numbers  and  the  numbers  of  their  constituents, 

or  to  the  extent,  (ertility,  and  beauty  of  her  soil;  yet  this  is  a  distinction 

not  recognised  m  the  Constitution  of  the  United  Slates.     They  are  all,  as 

members  o  tins  Union,  e.iual ;  and  the  Slate  of  Delaware  has  as  good  a  right 

to  be  called  the  "Empire  State"  as  New  York.     Now,  if  my  forty  friends 

rom  New  York  choose  to  call  it  the  Empire  State,  I  will  not  quarrel  with 

them.     It  IS  only  as  to  consequences  that  I  enter  my  caveat  against  the  too 

trcquent  iiseol  those  terms  on  thisHoor;  for  there  is  meaning  in  those 

words  «'  Empire  State,"  wlicn  used  among  co-estates,  nroro  than  meets  the 

ear.     Suppose  it  was  in  F3elawarc  that  such  an  event  had  occurred,  do  vou 

suppose  my  friend  here  [Mr.  Kodnky]  from  Delaware  would  have  offered 

such  a  resolution  as  this?     And,  by  the  terms  of  the  resolution,  I  shoukl 

presume  that  my  friends  from  New  York  think  there  is  a  little  more  di<'ni- 

ty  and  power  m  having  forty  Representative?  than  only  one. 

But  there  is  another  point  of  view  in  which  I  ask  the  attention  of  the 
House  to  this  resolution.     At  the  very  time  when  we  have  this  great  issue 
upon  another  point  with  the  British  nation,  and  when  this  resoiution,  and 
every  thing  connected  with  it,  is  blowing  the  coals  to  make  another  issue 
there  is  behind  it  another  effort  to  make  yet  another  issue  between  this 
Government  and  the  Stale  of  New  York.     What  is  the  object  of  that  ? 
Are  you  going  to  war  with  a  foreign  nation  ?     And  is  that  a  time  to  split 
hairs  in  questions  of  jurisdiction  between  the  Government  of  the  United 
States  and  that  of  one  of  the  separate  States  ?   And  are  you  going  to  brin^- 
up  the  question,  "  Whicli  of  the  two  has  the  right,  the  precious  ri^ht  to 
hang  McLeod?"     Are  you  going  to  make  an  issue  between  the  State  of 
New  York  and  the  Government  of  the  United  States  upon  such  an  exer- 
cise of  power  as  that  ?     Are  you  going  to  show  your  iveakness  at  the  very 
moment  when  you  are  bearding  the  lion  in  his  den  ?     Is  that  the  time  to 
make  an  issue  between  the  Government,  wliich  represents  the  whole  coun- 
try, and  a  State  as  to  its  pov/or  ?     God  forbid  that  I  should  question  its 
power ;  but  I  inquire,  is  it  politic  or  wise  to  make  a  quarrel  between  that 
Government  and  this,  about  the  most  insignificant  of  all  questions,  as  to 
which  of  you  sliall  releci.se  McLeod  ?     For,  while  some  gentlemen  talk 
about  hanging  McLeod,  others,  more  merciful,  tell  us  that  if  it  should  turn 
out  that  this  man  was  concerned  in  the  affair  of  the  Caroline,  yet  that  there 
was  a  power  in  the  State  of  New  York  that  might  prevent  his  execution— 
that  the  Executive  of  New  York  had  the  power  of  pardoning  as  well  as 
the  General  Government,  and  that  the  attribute  of  mercy  would  be  exer- 
cised with  as  much  discretion  by  the  Governor  of  New  York  as  it  would 
be  by  the  President  of  the  United  States.     But  I  see  notlung  in  the  corres- 
pondence which  has  been  laid  before  us  that  would  lead  to  the  conclusion 
that  the  course  of  the  law  in  New  York  would  not  be  carried  out,  accord- 
ing to  all  its  rights,  and  all  its  dignities,  and  the  man  be  released  without 
the  necessity  of  a  resort  to  the  authority  of  the  General  Government. 

I  am  perfectly  satisfied,  for  my  own  part,  if  it  should  so  happen  tliat  the 
evidence  is  strong  enough  to  convict  him,  that  the  Governor  of  New  York 


|i 


:i: 


:'.  \ 


would  exercise  the  panloiu.iK'  power,  and  send  Inni  with  a.,  a.hnonilmii  to 
go  a!id  sin  no  more.     'I  hat  can  be  done  with.>i.l  any  entren.^lnnent  on  llip 
honor  and  dignity  ol  the  State  o(   New  York.     From  the  (irst  niom.-nt  to 
the  last,  the  question  which  has  struck  me  is.  whether  you  will  or  will  not 
hang  the  rnan?     That  is  the  only  question  in  issue  between  Great  Britain 
and  the  United  States.     Great  Britain  will  not  go  to  war  to  settle  a  (iiics- 
tion  of  jurisdiction  between  the  General  Government  and  the  State  of  New 
York.     They  will  not  go  to  war  with  you  if  the  man  is  sent  home      Hut 
after  all  the  arguments  which  have  been  used  on  this  floor,  it  ullimatelv 
comes  to  this:  which  of  the  two  Governments  .shall  release  McLeod  ^ 
Now    I  say,  what  is  all  that  for }     Why  is  it  that  the  Government  of  the 
United  States  must  be  arraigned  by  the  Government  of  the  State  of  New 
York,  and  this  made  a  ([uestion  of  war  between  us  and  (iroat  Britain  > 
Why  should  not  the  matter  have  been  allowed  to  go  on  according-  to  the 
correspondence  between  the  two  Governments  ?    No,  sir,  we  have  had 
long  dissertations  about  war,  declared  and  not  declared,  lawful  and  un- 
lawful, by  a  judge  of  the  Supreme  Court  of  the  State  of  New  York,  and 
here  and  elsewhere;  long  dissertations  in  relation  to  the  maintenance  of 
State  rights.     And  now  what  does  it  amount  to  ?  Suppose  you  carry  your 
State  rights  into  execution  ;  suppose  you  hanc  the  man,  then  the  People 
of  New  York  will  exclaim:  "There  is  our  iridependencc;  there  are  our 
State  rights  ;  you  see  that  we  have  hung  the  man."     Now,  what  next,  I 
Avould  ask  the  constituents  of  the  gentleman  who  ollbred  this  resolution. 
When  all  the  counties  he  represents  are  ravaged  by  the  enemy,  and  when 
thousands  and  tens  of  thousands  have  been  slaughtered,  wives  have  been 
made  widows  and  their  children  fatherless,  I  would  then  ask  of  liim  if  he 
would  have  the  thanks  of  his  constituents?  And  the  question  I  ask  of  him, 
I  also  ask  of  the  Representatives  of  the  State  of  New  York;  of  the  Rep- 
resentatives of  the  State  of  Pennsylvania ;  of  the  Representatives  of  the 
State  of  Ohio  ;  and  of  the  whole  line  of  those  States  which  are  more  liable 
to  the  incursions  which  would  take  place  by  the  enemy  without  any  de- 
claration of  war,  who  would  come  and  butcher  your  people,  and  burn  and 
destroy  your  property,  and  return  immediately  and  take  their  places  in 
their  defences  before  you  could  raise  and  organize  a  force  to  save  them. 
What  would  you  do  ?     Would  you  offer  a  resolution  to  inquire  whether 
an  officer  of  the  army  had  been  sent  there,  or  whether  the  Attorney  Gen- 
eral had  been  sent  there,  or  whether  any  concession  had  been  made  to  the 
British  Government  ?     No  .such  question  would  be  asked.    I  have,  indeed, 
no  doubt  that  after  the  country  had  been  ravaged,  there  would  be  vigor 
and  bravery  enough  in  it  to  raise  and  array  an  avenging  host  to  invade  in 
turn  the  enemy's  country,  and  burn  their  property  and  destroy  their  wives 
and  children  too ;  and  what  satisfaction  would  that  be  to  you  ? 

If  gentlemen  would  look  into  the  history  of  Scotland  and  England,  they 
would  there  find  numerous  accounts  of  the  frightful  and  disastrous  border 
wars  that  were  carried  on  between  the  Scotch  and  the  English.  Gcntlc- 
mon  would  there  see  what  might  be  the  consequences  here  if  this  resolu- 
tion were  to  be  carried  into  effect. 

It  is  but  a  few  days  since  I  heard  a  gentleman  from  New  Hampshire 
(Mr.  Eastman)  say,  with  some  pain  and  distress,  that  if  the  present  Sec- 
retary of  State  remained  in  office  there  would  be  no  war — no  war  with 
England;  and  there  was  a  great  deal  meant  by  that  remark.  And  the 
gentleman  seemed  to  think  this  a  lamentable  condition  of  affairs.     I  firmly 


believed  i! 

man ;  and 

two  countt 

bo,  he  will 

die  present 

the  present 

as  much  fi; 

for  troublir 

I  might  vi 

great  injusi 

dence.     Ni 

respondenc 

it  has  any 

tween  the  \ 

effect.     Wl 

Why,  your 

message  to 

as  the  wind 

It  is  very  ir 

'J'he  gentlei 

tion,  the  oth 

at  all  questi 

so.     I  say  t 

disgraced  si 

mans,  what 

Europe  say 

of  their  mir 

of  battle  sh: 

from  the  thi 

And  then 

duct.    The 

believe  then 

better  what 

ness  of  a  fo 

venture  to  si 

ister,  he  nev 

that  there  w 

not  be  hostil 

perience  wh 

orders  in  Co 

frightened  b 

that  the  grav 

an  extremity 

There  was 

ing  documen 

me  one  day 

great  import 

with  the  Eu 

he  had  finish 

that  I  might 

said  he  was  f 

ed,  he  would 


i 


8 

two  countries      Ami    h^,f         i         ^"^  ^"' '"  Preserve  peace  between  the 

tJ^  «  concession  to  Great  Br.tain  sanctioned  by 

he  n  esen   mesTinn^  h  '^^"^'^'/'^f^^'f  '"  Peace  or  war.     WitJ.  respect  to 

responuene^^^^^^^^  tlT,  '^"""[/''"V'''*'"  ''  ^  ^'^'"^  '"  ''^^  P'^"  ^^  that  cor- 

lL,i  /  ■'""  'f  '"^.disgraced  this  „„,i„„  more  tha    we  have  eve/been 

frone.Zders!;?!!^!."'™'"""''""^  '»  ^^^^  -'"S"  "y  flight 

h^?LJ,      gentleman  has  been  at  London  fonr  or  five  years     I  do  „ni 

I  e  ter  w  I^wTh"'  ^"'"^Z  "  -=""8"""'  "'^  """""y  '"  Em  ope  bitlnew 
netler  what  was  done  and  doing  in  the  Privy  Council     Whit  i«  ih„  I..J 

ness  of  a  foreign  minister  abnad,  bnt  lo  find  oulwhat  ^Hoint  >     ,  "'n 

I:TZ  '"  '"^  """ ,'!  ''J"''"'^''"  ""S*-  S  been  a?  London  af  Lr  tita" 
ister,  he  never  would  have  written  such  a  letter     He  would  h^Lf/ 

;,of  h  T  n V  "°  "'t"  ■"■  '^™""' '»  ^'hori^e  ho"m"e°  'andlhefeTn' 
not  be  hostilities  without  an  order  of  the  Privy  Council      r\no,l,  frit, 

perience  when  I  say  that  Mr.  Hughes  would'have  be  „  ii  fo'^med  of  si^h 

rM,l„"^T"'' '""'  "'"y  '"=™  '"'""^'  ="")  of  ™'"-'e  wo.  d  not  have  £ 
frightened  by  every  newspaper  explosion  of  popular  wrath  into  Ibehef 

r  x^'e^tv^'arsuer'""""''  """""'  "'  '"»  "='«°"  had  resorlcd  Jo'su  h 
du  exrremity  at  such  a  moment.  •^"v.n 

There  was  one  memorable  case  of  the  address  of  Mr.  Hughes  m  orocnr 
ing  documents  of  the  profoundest  secrecy.     Mr  Stratford  Cannfnlpfr^   I 
me  one  day,  and  said  that  he  had  peLssion  tf  read  to  m?a%aper  of 

S  /"e'ESor-'-r'ir'"^  'r  'Z  ^^ --.tin  their  LIlLTonf 
u    u  a1  ^"^opt^an  alhance.     He  read  the  paper  accordingly,  and  whpn 
he  had  finished,  I  asked  him  if  he  would  let  me  have  it  fof  hdf  an  hour 
that  I  might  lay  It  before  the  President,  Mr.  Monroe,  for  his  perusa"      He 
said  he  was  forbidden  to  let  it  go  out  of  hi.  own  hands   but  hat    f  I  des^r 
ed,  he  would  go  with  me  to  the  President's  house,  and  r'ead  i  to  him    Th  ^ 


10 


I  declined,  but  contented  myself  with  making,  from  memory,  a  verbal  state- 
ment of  its  con.gnts  to  Mr.  Monroe,  and  within  three  days  after  I  received 
a  copy  of  that  same  paper  from  Christopher  Hughes.  The  next  time  Mr. 
Canning  came  to  the  Department,  I  said  to  him  that  he  needed  not  to  have 
been  so  strait-laced  about  that  despatch  which  he  would  not  allow  me 
to  take  for  half  an  hour  to  the  President  for  his  perusal,  for  we  now  had 

copy  of  it.  He  was  amazed.  A  copy  of  it?  said  he.  He  olapped  his 
nands  on  his  two  waistcoat  pockets,  took  the  key  of  his  desk  out  of  one 
of  them,  held  it  up,  and  said:  That  is  the  key  to  a  good  lock;  and  that 
paper  has  been  under  that  lock  and  key  every  moment  since  I  received  it, 
except  when  in  my  own  hands.  I  said,  do  not  suspect  any  one  about  you. 
We  are  not  'n  the  habit  of  purchasing  secret  papers  from  domestics  or  sec- 
retaries.    We  have  got  it  from  a  great  distance. 

Yes,  I  had  a  copy  of  that  document,  perhaps  the  most  secret  as  well  as 
the  most  efficient  of  the  diplomatic  papers  which  passed  between  the  par- 
ties to  the  Holy  Alliance,  and  it  was  procured  with  many  others  by  Mr. 
Hughes,  by  no  improper  arts  and  at  no  cost'of  secret  service  money,  but  by 
the  art  of  making  friends  by  his  social  qualities  wherever  he  goes.  I  men- 
tion this  to  show  what  ought  to  be  the  qualities  of  a  public  minister  abroad. 
If  a  minister  is  in  the  habit  of  friendly,  social  intercourse  with  the  other 
members  of  the  diplomatic  corps  at  the  same  court,  with  an  ordinary  por- 
tion of  sagacity,  he  has  the  key  to  all  their  secrets.  I  say  it  from  long 
knowledge  and  experience.  How  was  it  when  this  panic  letter  was  writ- 
ten to  the  commodore  of  the  American  squadron  ?  What  did  the  Ameri- 
can minister  know  of  the  system  of  policy,  foreign  or  domestic,  of  the  Brit- 
isn  cabinet  ?  The  letter  itself  proves  that  he  was  as  blind  to  it  as  a  beetlo; 
that  he  was  ignorant  of  the  first  letters  of  their  alphabet.  If  he  had  known 
any  thing  of  it,  he  would  not  have  disgraced  himself  and  his  country  by 
the  exposure  of  his  ignorance.  I  say  this  not  from  any  personal  feeling  to- 
wards that  gentleman,  although  I  have  not  been  an  admirer  of  some  of  his 
diplomatic  exhibitions  heretofore,  as  the  journals  of  this  House  may  show ; 
but  I  have  looked  to  this  transaction  entirely  upon  its  merits  alone,  and  I  say 
f,hat  those  letters  written  to  the  commodore  of  the  squadron  in  the  {Medit- 
erranean, and  their  consequences,  have  been  disgraceful  to  the  nation ;  and 
I,  for  one,  bold  the  man  responsible  for  it,  and  say  he  was  not  doing  his 
duty,  or  that  he  neglected  some  of  the  most  important  parts  of  his  duty  as 
a  public  minister,  liut  this  is  somewhat  of  a  digression,  and  yet  intimate- 
ly connected  with  this  McLeod  question  of  peace  and  war;  for  what  must 
the  Privy  Council  and  her  Majesty  Queen  Victoria  herself,  who,  I  dare  say, 
all  woman  as  she  is,  has  more  fire  in  her  heart  than  ever  to  have  sitten 
down  and  written  a  letter  like  that — what  must  that  Privy  Ccimcil  have 
thought  when  they  first  heard  of  it  ?  They  would  say,  God  grant  that  this 
man  may  remain  here  as  Jonathan's  minister  till  the  end  of  time;  we  may 
be  sure  he  never  will  know  any  thing  of  our  real  intentions,  and  will  al- 
ways have  a  becoming  reverence  for  the  terrors  of  the  beak  and  lightning  of 
the  eye  of  the  British  eagle,  and  blundering  rashness  enough  to  put  out  the 
eyes  of  his  own. 

To  return  to  the  subject  of  this  resolution,  and  as  to  whether  the  British 
Government  have  been  given  to  understand  that  McLeod  will  be  released 
or  surrendered.  What,  I  ask  again,  is  the  purpose!  of  this  inquiry  ?  For 
this  question,  too,  has  been  answered  before  it  was  asked.  Undoubtedly 
the  British  Government  have  been  given  to  understand  that  he  will  be  re- 


sir. 


war, 


■jr  Mff 


a  verbal  state- 
ilter  I  received 
lext  time  Mr, 
id  not  to  have 
not  allow  me 
:  we  now  had 
e  clapped  his 
3sk  out  of  one 
ock;  and  that 
I  received  it, 
ne  about  you. 
nestics  or  sec- 
ret as  well  as 
iveen  the  par- 
ithers  by  Mr. 
noney,  but  by 
goes.  I  men- 
nister  abroad, 
vith  the  other 
ordinary  por- 
1  it  from  long 
tter  was  writ- 
d  the  Ameri- 
c,  of  the  Brit- 
it  as  a  beetle; 
le  had  known 
is  country  by 
tial  feeling  to- 
jf  some  of  his 
!e  may  show ; 
Dne,  and  I  say 
in  the  jMedit- 
e  nation ;  and 
not  doing  his 
)f  his  duty  as 
yet  intimate- 
or  what  must 
10, 1  dare  say, 
to  have  sitten 
Cci^ncil  have 
jrarit  that  this 
me;  we  may 
,  and  will  al- 
id  lightning  of 
to  put  out  the 

er  the  British 
.11  be  released 
iquiry  ?  For 
Undoubtedly 
lie  will  be  re- 


11 

leased  or  surrendered  Whether  this  shall  be  done  by  the  authority  of  the 
United  States  or  by  that  of  the  State  of  New  York  may  be  a  question  of 
constitutional  power  among  ourselves,  but  it  is  no  question  between  us  and 
Great  Britain.  In  negotiation,  the  Government  of  the  United  States  is  that 
which  the  British  nation  have  the  right  to  hold  and  will  hold  responsible 
for  his  personal  safety.  Undoubtedly  the  British  minister  has  been  told 
hat  "the  Government  of  the  United  States  entertains  no  doubt  that,  after 
this  avowal  of  the  transaction  as  a  public  transaction,  authorized  and  un- 
dertaken by  the  British  authorities,  individuals  concerned  in  it  ought  not. 
by  the  principles  of  public  law  and  the  general  usages  of  civilized  States 
o  be  holden  pei^onally  responsible  in  the  ordinary  tribunals  of  law  fo^ 
their  participation  in  it." 

Undoubtedly  the  instructions  given  to  the  Attorney  General  when  sent 
to  JNew  York,  and  a  copy  of  which  was  communicated  to  Mr.  Fox,  did 
aver  that,  "  wnether  the  process  be  criminal  or  civil,  the  fact  of  having 
acted  under  public  authority,  and  in  obedience  to  the  orders  of  lawful  su- 
periors, must  be  regarded  as  a  valid  defence  ;  otherwise,  individuals  would 
be  holden  responsible  for  injuries  resulting  from  the  acts  of  Government, 
and  even  from  the  operations  of  public  war." 

Yes  sir,  the  British  Government  have  been  given  to  understand  that 
since  their  avowal  that  McLeod  acted  under  their  authority,  he  must  be 
ultimately  released  or  surrendered.  And  what  then  ?  Is  it  not  so  >  Whv 
sir,  Indian  savages— cannibals,  to  whom  revenge  is  the  first  of  virtues- 
accept  of  ransom  for  the  blood  of  their  relatives  slain  ;  and  is  it  for  a  Chris- 
tian nation,  in  cold  blood,  four  years  after  a  defensive  irregularity  of  border 
war,  provoked  by  their  own  people,  to  hold  a  man  responsible  to  their 
municipal  xaw  for  mtcrder,  because  the  life  of  a  man  was  l8st  in  a  nocturnal 
foray,  authorized  by  the  public  authorities,  civil  and  military,  of  the  coun- 
try in  whose  defence  it  was  undertaken  and  achieved  ?  Sir,  there  is  not  a 
civilized  country  upon  earth  but  would  cry  shame  upon  us  for  carrvine  such 
barbarian  principles  into  practice.  A  war  provoked  by  such  an  act  would 
be  a  war  of  extermination— a  war  of  merciless  butchery ;  and  the  scene  of 
Its  hrst  unutterable  sufferings  would  be  the  very  border  of  our  own  coun- 
try, upon  which  we  should  bring  down  this  judgment  of  Heaven 

I  ask  every  member  of  this  House  to  put  himself  in  the  position  of  beine 
a  prisoner  in  a  foreign  land  for  an  act  done  by  the  orders  of  his  Govern- 
ment—for the  burning  of  a  boat  or  the  killing  of  men :  I  ask  everv  man 
here  to  put  himself  in  the  situation  of  McLeod,  either  in  Great  Britain  or 
any  part  of  the  British  dominions,  and  suppose  it  a  matter  of  negotiation 
between  the  two  Governments— what  would  they  say  if  the  British  Secre 
tary  of  State,  from  a  representation  that  this  was  done  by  the  orders  of  the 
Government  of  the  United  States,  and  that  the  nation  held  itself  responsible 
for  the  act— the  British  Secretary  of  State  would  say,  «  of  course  ultimate 
ly  we  shall  release  him  ?"     Now,  1  would  ask  if  this  would  be  disgraceful 
to  the  British  nation  ?     It  would  have  been  directly  the  contrary— that 
there  is  no  descending  from  the  dignity,  and  rights,  and  independence  of  a 
nation,  in  admuting  the  principle  that  the  authority  of  a  nation  covers  as 
with  a  mantle  the  deeds  of  individuals  performed  under  it ;  and  that  if  ar 
rested  upon  civil  or  criminal  process  for  it,  there  must  be  some  mode  of  ob 
taming  their  release.    I  say  that  the  minister  of  no  nation  i»pon  earth  would 
be  ashamed  of  making  such  a  declaration  as  that.    And  now  carry  this  cor 
respondence  to  the  utmost  extent.  What  is  it  more }  How  does  it  compromit 


w"  .'I 


I- 1 


IS 

this  country?    It  does  not  take  McLeod  out  of  the  State  of  New  York 
It  never  pretended  to  arrest  the  operation  of  the  law.     The  British  minister 
has  been  given  to  understand  that  it  is  a  question  between  the  two  nations 
and  that  the  fSeneral  Government,  as  you  and  I,  have  a  deep  interest  in 
the  stake  as  well  as  New  York  ;  and  that,  if  it  should  come  to  hostilities,  it 
is  not  for  the  Empire  State  of  New  York  to  carry  on  the  war  with  Great 
Britain.     No  ;  it  is  a  question  for  which  the  honor  of  the  whole  nation  is 
pledged,  and  therefore  the  Government  of  the  United  States  has  a  right  to 
apeak  upon  it.     Now,  I  ask  why  is  this  question  raised,  as  it  is  raised  in 
this  resolution,  between  the  Government  of  the  United  Slates  and  the  Gov- 
ernment of  the  State  of  New  York  ?     It  is  the  easiest  thing  in  the  world  to 
do  what  the  Constitution  of  the  United  States  and  the  Constitutions  of  the 
several  States  intended  to  do  above  all  other  things  ;  that  is,  that  each  of 
them  shall  discharge  its  own  duties,  passing  along  in  parallel  lines,  with- 
out crossing  each  other's  path.     And  the  course  taken  by  the  United  States 
is  calculated  for  that.     After  commenting  as  I  have  done,  upon  the  effects 
produced  in  foreign  lands  by  a  report  of  this  House,  so  famous  and  no- 
torious as  it  was  last  winter,  I  ask  you  what  has  been  the  counteracting 
effect  of  this  very  correspondence?     The  effect  has  been  to  calm  the  irri- 
tation of  the  British  Government,  roused  as  it  had  been  to  indignation  and 
resentment  by  that  inflammatory  report.     This  effect  is  apparent  in  the 
tone  of  Mr.  Peel's  speech  to  his  conttituents  at  Tamworth.     I  have  no 
doubt  that  Mr.  Fox  represented  the  thing  in  that  light,  and,  from  the  com- 
plexion of  these  communications,  he  represented  that  there  was  no  spirit  of 
hostility  to  Great  Britain  on  the  part  of  this  Government.     I  say  it  is  one 
of  the  best  papers  that  ever  was  written,  and  the  effect  of  it  upon  the  na- 
tion is  to  be  one  of  glory  and  not  of  reproach.     Sir,  it  has  fully  authenti- 
cated the  saying  of  the  gentleman  from  New  Hampshire,  that  you  will  not 
have  a  war  with  England  while  the  present  Secretary  of  Stafe  shall  remain 
in  office.    I  believe  it.     I  thank  God  it  is  so;  and  your  constituents,  and  my 

corfstituents,  and  the  constituents  of  the  gentleman  from  New  Hampshire 

those  of  the  gentleman  from  New  York  who  offered  this  resolution — ay, 
sir,  the  constituents  of  every  member  of  this  House,  have  great  reason  to 
raise  their  hands  in  joy  and  gratitude  to  the  God  of  Mercy  that  it  is  so,  and 
in  supplication  that  it  may  be  so  still ;  for,  were  it  otherwise — 

The  child  may  rue  that  is  unborn 
The  sentence  of  that  day. 

As  to  this  resolution — [here  several  members  rose  and  addressed  the 
Speaker,  -rho  gave  notice  to  Mr.  Adams  that  the  hour  had  expired.  Several 
members  moved  that  he  should  have  leave  to  proceed  ;  other  voices  were 
heard — "  Move  to  lay  it  on  the  table."]  Mr.  Adams  said,  for  my  own 
part  I  should  prefer  to  take  a  direct  vote  upon  the  resolution,  and  record 
my  name  upon  the  Journal,  "  no."  [Several  voices,  "  Move  the  previous 
question !"]  Mr.  Adams.  Upon  the  whole,  to  lay  on  the  table  is  a  milder 
negative ;  and  so,  if  no  member  wishes  to  reply  to  me,  I  move  to  lay  the 
resolution  on  the  table. 

It  was  laid  on  the  tabl«  by  yeaa  and  nays — 109  to  70. 


^ew  York. 
3h  minister 
vo  nations, 
interest  in 
>stilities,  it 
irith  Great 
e  nation  is 
I  a  rigiit  to 
s  raised  in 
i  the  Gov- 
e  world  to 
ons  of  the 
at  each  of 
nes,  with- 
ited  States 
the  effects 
s  and  no- 
nteracting 
1  the  irri- 
lation  and 
mt  in  the 
I  have  no 
I  the  com- 
10  spirit  of 
Y  it  is  one 
)n  the  na- 
authenti- 
u  will  not 
all  remain 
s,  and  my 
tipshire — 
tion — ay,  , 
reason  to 
is  so,  and 


essed  the 
.  Several 
ices  were 
my  own 
d  record 
previous 
a  milder 
0  lay  the 


